This question raises the curiosity of almost everyone.  Texas law clearly states that the answer is "yes".  While there may be many circumstances where adopting another adult is beneficial, the primary motivation behind most adult adoptions is to solidify an already-existing bond between a stepparent and stepchild.  Many stepchildren have been raised by wonderful stepparents and enjoy an incredibly close bond.  Often, the child's biological parent is absent or has abused or neglected the child.  And often, the biological parent who is raising the child remarries and wishes the new spouse to adopt the child.  However, in many circumstances, attempting to adopt the child while the child is still a minor poses emotional, financial and legal challenges.  The legal challenge is that the stepparent cannot adopt a minor child without terminating the parental rights of the other biological parent.  This involves notice to the biological parent, who may choose to appear in Court and contest the termination.  The financial challenge is that terminating the other parent's parental rights includes termination of the other parent's child support obligation.  The emotional challenge is that it brings controversy, turmoil and stress into the child's life.  The solution to avoiding these challenges is simply to wait until the child is an adult.  Once the child is an adult, terminating the parental rights of the other parent is not necessary.  In fact, notice to the other biological parent is not even required.   Today's blog post will summarize the simple and straightforward process for adopting an adult.

The Petition

The process is started with the filing of a Petition which requests the adoption.  The Petition is filed with the clerk in the county in which the adopting parent resides. The case is then assigned to the appropriate Judge within that county.  If the Petitioner (the adopting parent) is married, his/her spouse must also be named as a Petitioner.  However, the law does not require the spouse of the adopting parent to adopt the child.  In the typical stepparent adoption, this is a moot point, since the adopting parent's spouse is already the parent of the child.

Consent

The written consent of the adult to be adopted is required.  This is done by the execution of a simple form, which is then filed with the court clerk.

The Hearing

Once the documents have been filed, a brief hearing can be scheduled with the Judge.  Both the adoptive parent and the adoptive child must attend the hearing, although the Judge can waive the adoptive child's attendance if the circumstances warrant.  In most cases the entire family chooses to attend, to witness and celebrate the happy occasion.  Both the adoptive parent and the adoptive child testify at the hearing, under oath, that they wish for the adoption to be approved.  Upon hearing this testimony, the Judge will grant the adoption and sign an Order that officially creates the parent-child relationship for all purposes.  Following the hearing, many Judges will allow the family to take pictures in the courtroom.

If you're considering whether an adult adoption is a good idea, you should consult with a competent family law attorney to compare all available legal options.  Christiansen Law Firm has extensive experience in family law, and can meet with you to discuss all facets of your family situation.  For additional information, contact the offices of Christiansen Law Firm in Houston or San Antonio.